Morales, Jose Manuel
2011 Tex. Crim. App. LEXIS 1508
Tex. Crim. App.2011Background
- Texas amended self-defense laws in 2007 to remove the general duty to retreat and add specific no-duty-to-retreat provisions for deadly force.
- In 2007 a fight between rival gangs occurred; Enil Lopez and Juan Morales (appellant's brother) fought; Lopez was killed.
- Testimony about Lopez's aggressor status and Juan's role during the altercation was disputed; witnesses described Lopez as unarmed or armed with a pipe, while others described Juan aiding in beating Lopez.
- The trial court modified the jury charge on defense of a third person to remove a duty-to-retreat element, but appellant objected to modifications still tied to retreat concepts.
- Appellant was convicted of murder; the court of appeals remanded on punishment-related issues but sustained some challenges to the defense-of-others instructions and related jury-charge questions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty to retreat instruction compliance | Morales argues the charge improperly retained retreat-based language after 2007 changes. | State contends the modified charge tracked the statute and correctly omitted a general duty to retreat. | Trial court erred; general duty-to-retreat language not authorized by statute. |
| Presumption of reasonable belief | Morales contends the jury should have been charged with the statutory presumption that deadly force was reasonable under certain conditions. | State asserts the absence of such a presumption in the charge, given facts and rioting considerations. | Court requires remand to determine whether the presumption should have been submitted consistent with the statute. |
Key Cases Cited
- Hughes v. State, 719 S.W.2d 560 (Tex. Crim. App. 1986) (limits on retreat-related instructions in self-defense contexts)
- Walters v. State, 247 S.W.3d 204 (Tex. Crim. App. 2007) (controls for statutory self-defense instruction framing)
- Giesberg v. State, 984 S.W.2d 245 (Tex. Crim. App. 1998) (illustrates proper limits on alibi-like or evidentiary weight instructions)
- Davis v. State, 313 S.W.3d 317 (Tex. Crim. App. 2010) (illustrates weighing of evidence in weight-of-the-evidence rulings)
- Hughes v. State, 719 S.W.2d 560 (Tex. Crim. App. 1986) (reiterated retreat discussion in self-defense)